We would like to hire for voice process candidates who has India Adhaar and Pan number but not Indian Citizen, they are either in student visa or internship visa.
Can we onboard them with designation as Translator/CSA-French etc
Can we use the consultant agreement to onboard them without any litigation?

From India, Chennai

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Dear Neeraja,

It appears that you have confused between the Indian citizens residing in India and the Indian citizens working or studying abroad. Please note that all Indian citizens, whether they are residing in India or not, are issued with the Aadhaar card, PAN Card etc. The citizens of the other countries are not issued with these two vital identification documents.

The replies to your other two questions are given below:

Can we onboard them with designation as Translator/CSA-French etc?

Yes, you can give a designation of your choice. It is out of the purview of the labour laws in vogue.

Can we use the consultant agreement to on-board them without any litigation?

It depends on the nature or type of work that your company assigns to them. If the work is at par with any other regular employee, if they are going to work with fixed hours per day then they cannot be given a semblance of the "consultant". It is better to employ them as regular employees of the company, allow routine PF/ESI deductions as applicable. Though their place of work could be abroad, all their employees will be governed by the labour laws of India. They need to be issued with a proper appointment letter like the employees working in your India office.

The heading of your post is "Hiring Internship". If you wish to hire the students as interns then they must submit an authorisation letter from their college authorities to work as an intern. The internship is always for a limited period. However, the internship should be a part of the course curriculum. Employing students as interns and making them work as employees may save the resources of the company but the labour authorities could object to it.


Dinesh Divekar

From India, Bangalore

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